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HomeMy WebLinkAboutPIP 93-02; Callaway Golf Company; 1993-0835115; Public Facilities Fee Agreement/Release,,/ L ,’ I * : i** .l . ’ - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CR-Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 r Space above this line for Recorder’s use parcel No. flN z/Z- O?I-o‘t’c~ OS AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBUC FAClLlTlES FEE FORJNSIDE THE BOUNDARIES OF COMMUNRY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 9 day of NOVEMBER by and between Callaway Golf Company # 19&# (name of developer) acalifornia corporation hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) ‘, is 2285 Rutherford Road, Carlsbad, California (street) (city, state, zip code) 92008 and Bay Street No. Ten Limited (name of legal owner) a Delaware corporation (individual, corporation, etc.) , hereinafter referred to as %wne~, whose address , is . /(I LA&- honrOe _ 17 +h fbor. i&d- --t+a.3,~r dts, -03 meet) (city, date, zip code) AND the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “Ci, whose address is 1200 Carisbad Village Drive, Carlsbad, California, 9200&l 989. . F=Appond By~~cowKirJdy2,1991 Reo # 91-194mH 1 . / I - 4. i ; l ~ J31p REClTALS , WHEREAS, Owner is the owner of the real property described on Exhibit “A’, attached hereto and made a part of this agreement, hereinafter referred to as “Propert)r; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the property and proposes a development project as follows: a golf club testing; facility on said Property, which development carries the proposed name of N/A and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of 37 th October , 1 WL, with the Cl a request for Planned Industrial Permit hereinafter referred to . as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that ail public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City reoognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the Cii Clerk and incorporated by this reference, and that the City’s * public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resuiting from the proposed Development; and WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, FolmAppmRd ByatycouncilJuly2,1991 Rao # 91-194mH 2 Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the Cii a public facilities fee in an amount not to exceed 1.8296 of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Tiiles 18,20 or 21 of the Cartsbad Municipal Code. Developer and Owner shall pay a fee for’conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, ‘other construction permir and ‘entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the yse or occupancy for which the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee &Ii be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Ties 18, 20 or 21 of the Cartsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer to donate a site or sites for public faciliies, the City shall consider, but is not F-ApQmnd Byw-July3,1991 Rae # 91-194AuH 3 : “319 ‘. obligated to accept the offer. The time for donation and amount of credit against the fee shalt be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Tiies 18 or 20 of the Cartsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid as provided herein, the city will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permitor entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. Cii agrees to deposit the fees paid pursuant to this agreement in a public faciliies fund for the financing of public facilities when the Cii Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party,‘0 the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effeotive for any purpose whatsoever unless sewed in one of the following manners: 7.1 tf notice Is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the Ctty at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage By @&uncil July 2,199l Rue # 91.194AcJH 4 prepaid and certified. 7.2 tf notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and City, and references I to Developer, Owner or Cii herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. At such time as Cwner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate: provided, however, that if any successor to the Owner’s Interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to Cii. 9. This agreement shall be recorded but shall not create a lien or securtty interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . * . . . . . . . . . . . . . * . . F-Apprpvsd ByBty-July%Wku RI30 #91-w4mH 5 . , - , 1,’ ‘IN WfTNESS WHEREOF, this agreement is executed in San Diego County, California as d the date first written above. OWNER: BAY STREET NUMBER TEN; a Delaware corwtion M (print name) (signature) (print name) LTD; DEVELOPER: CALLAWAY GOLF COMPANY (name of developer) BY Carol Kerley (print name) Chief Financial Officer (title and organization of signatory) (signature) By (signature) (print name) (titte and organization of signatory) CRY OF CARLSBAD, a municipal corporation of the State of California All-EST: AL- L RAUTENKRANZ, City Clerk for Ctty Manager APPROVED AS TO FORM: RONALD R. B&L, City Attorney (Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached.) F-JAppwed By Qty- July& 1991 R&Y0 #91-19sIKR1 6 On “/?./&-* before me, &%#% /Hs m/err/ , (DATE) personally appeared (NAME, ~TLE OF OFFICER I.E., “JANE DOE. NOTARY PUBLIC”) -I e/k2?ieLey (NAME(S) OF SIGNER(S)) 0 personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged ._ _.......__ -~ 6AN OlEdO COUNW My corm. Exp. June “<-y to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. L I CAPACITY CLAIMED BY SIGNER(S) 0 I P IVIDUAL(S) CORPORATE OFFICER(S) Cl PARTNER(S) (TITLE(S)) 0 ATTORNEY IN FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) (SEW (SIGNATURE OF NOTARY) 11 AlTENTlON NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. I THIS CERTIFICATE MUST BE ATTACHED Title or Type of Docume TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than N WOLCOllS FORM 63240-ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPAClNlREPRESENTATlON/FlNGERPRINT-Rev. 12-92 01992 woLcolls Fo!wS. INC. State of ~lfi).JQb county ot CkLd- I On hAlmL\5,\~~3 beforeme. LhSL?, OAW L . ruymUWqrYEl EC ‘~oQY)lr**rcllLc wsonally anpeared 0 personally known to me - to be the person(s) whose name@) Yn subsaikdtotMwith&linstrwnWuld~- knwod to mettm hum l xaamd the same in his/hWthoir ruthoritod =A~aNuEDaY SIGNER ; a -fmuMm , d , ConmnATE O-CER(Sl mm a wtwm 0 Am-IN-FACT 0 -El(f) 0 sumcAlalNawrmEsS 0 QuMol~oNsEuvAToa aoTHER SwERtsRmEs~: ; mu~mrrorr,aornmm . . 7 . , . , , THtS CERTIFICATE , 4 MUST BE AnACHED , TO THE DOCUMENT MUMtO?otP~ : DESCRIBED AT RtGHT: sigrws)~ThrnN8rnodAbon ;: . * EXHIBIT ‘A’ LEGAL DESCRIPTION LOTS 21 AND 22 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985.